DPP closes some Gen Z protest cases, refers others to inquests
According to DPP Renson Ingonga, five cases have been closed, four are still under investigation.
The Office of the Director of Public Prosecutions on Wednesday released the status of 11 files from the Independent Policing Oversight Authority (IPOA) on Gen Z protests.
According to DPP Renson Ingonga, five cases have been closed, four are still under investigation or awaiting further action, and two have been referred to public inquests set for mention or hearing in the coming weeks.
One of the cases still under investigation involves the injury of journalist Dominic Wanjala Mutua, who was allegedly hit by a teargas canister fired at close range by a police officer on 18th June 2024 while covering protests in Nairobi.
The ODPP sent the file back to IPOA for further investigations, including verification of a video that allegedly captured the incident.
In the case of Evans Kiratu Karobia, who died on 20th June 2024 from blunt force injuries, the matter has been referred to a public inquest.
"MCCR Inquest No. E008 of 2024" was filed on 15th August 2024.
So far, one witness has testified, with seven more expected. The next mention is set for 18th June 2025.
The death of Rex Kanyike Masai, who died from a gunshot wound on the left thigh, is also being handled through an inquest.
The CCTV footage could not clearly identify who pulled the trigger, and key witnesses have not come forward.
The matter was filed as "MCCR Inquest No. E015 of 2024" on October 15, 2024.
Eight witnesses have testified, with 12 still to go. The hearing continues on May 12th and May 19, 2025.
Another unresolved case is that of Gianna Markel Obonyo, who was shot while riding a bicycle in her parents’ compound on June 25, 2024.
The bullet retrieved from her body had not yet been released by Kenyatta National Hospital for ballistic analysis.
The DPP says the office will review the case once the file is updated with the ballistic report.
The inquiry into the shooting of Andrew Mwawasi, who was reportedly shot in Githurai 44, is still under review. The ODPP says it will take appropriate action once this review is complete.
The case of Tillan Odhiambo was closed after a pathologist’s report showed no offence had been committed.
IPOA had recommended the closure, and the DPP agreed.
Similarly, in the case of Lewis Mroso, the DPP closed the IPOA inquiry file due to lack of evidence of police involvement and no eyewitness accounts.
However, the DCI Parklands was directed to open Inquest File No. 4 of 2024 for further investigation.
Sammy Cullen Maina’s death, which occurred before the protests, was linked to a traffic accident.
The pathologist found no police involvement, and the DPP ordered the IPOA inquiry to be closed. Police have now taken over the matter.
In the case of Frankline Ondwari, the IPOA found he had likely died by suicide after being released from police custody. Since allegations of abduction could not be confirmed, the DPP directed the file to be closed.
The inquiry into the shooting of a police officer by another officer, involving Anthony Mwangi, was referred for diversion under the ODPP’s Diversion Policy.
The ODPP is awaiting further information from the Internal Affairs Unit and IPOA.
As for Emmanuel Giggs Tata, the ODPP closed the file after finding no evidence of police involvement.
However, the DPP noted that the case can be reviewed if new information comes up.
In all these cases, the ODPP stressed that investigations have been guided by evidence and recommendations from IPOA.
In addition, the DPP has now appealed to the public to help identify those responsible and urged a collective national response beyond the courtroom.
"The events of June 25, 2024, were unprecedented, and hence, a public inquest on its own may not wholly address the issues. To address all the underlying causes, a strictly judicious and prosecutorial process on its own may not be sufficient. A whole-of-society approach may be needed," Ingonga said.
The DPP also urged members of the public who have information about any of the pending cases to step forward.
"The DPP reiterates his calls upon the public or any other person with information pertaining to any of the pending cases to come forward and record a statement with IPOA. This will enable the state to ascertain the cause of the injuries noted in the post-mortem report," he added.